What Counts as Damage?
Damage means damage to the home that is beyond "normal wear and tear." What is damage beyond wear and tear? Things like large dents or holes in the walls, stains, tears or burns in carpeting, or broken windows are beyond wear and tear. If you did this kind of damage, your landlord can keep all or part of your security deposit depending on how bad the damage is. Sometimes your landlord can also take money out of your deposit if you fix up the home you rented.

Your landlord cannot keep your security deposit for "normal wear and tear." Normal wear and tear is damage that normally happens when someone lives in a home. Normal wear and tear means that your landlord has to repaint or do other regular maintenance. Your landlord also cannot use your deposit to upgrade the home. And your landlord cannot use your deposit to repair damage that was already there when you moved in.

Did you owe your landlord rent when you moved out? Then your landlord can keep all or part of your deposit to pay what you owe.

Is My Landlord Required to Return My Security Deposit or Explain Why Not?
Yes. But you must alert your landlord that you have moved out if you want to get your deposit back quickly. The law says that your landlord must return your whole security deposit or send you a letter saying why he or she is not returning it 14 days from the date your landlord received notice that you moved out, or 14 days from when he or she discovers that you have left the home. To be sure your landlord knows you have left and to start the clock ticking on the fourteen day period, you must write your landlord a letter telling them that you have vacated the home and that you want your security deposit sent to your new address. If you do not hand deliver or mail your landlord the letter saying that you have moved out of the home he or she may claim that they did not know you had left the apartment. It is very important to give the landlord something in writing saying you have moved out. If you can, keep a copy of the letter you send for your records.

Once you give notice, your landlord must do one of these things within 14 days after you move out. Your landlord must hand deliver, or mail, your full deposit or a letter to the last address he has for you. If your landlord sends you a letter instead of your deposit, the letter must list the amount he is taking and each reason or item he is taking money for. Your landlord must give you back whatever money is left over. Your landlord must return your whole deposit or send you a letter within 14 days from when he knew you left the home you rented.

Did your landlord keep part or all of your deposit? Did your landlord send you a letter that explains how much he is keeping and why? If your landlord kept your deposit but didn't send you a letter within 14 days, he is required to return your whole security deposit to you.

What Can I Do if My Landlord Won't Return My Security Deposit?
Did your landlord not send you your security deposit or a list of deductions within 14 days? Do you believe your landlord wrongfully kept all or part of your deposit? Do you want to get all or part of your deposit back?

One. Write a letter to your landord and ask him to return your security deposit.